Sotomayor critics might want to read Gilbert v. General Electric

Legal scholar Al Kauffman from St. Mary’s University’s School of Law finds it odd that so many people, Republicans in particular, question Sonia Sotomayor’s impartiality and ability to follow, not legislate, the law. Like others, he questions why critics have pounced on comments that her background as a Latina jurist would color her judicial acumen. Kauffman also finds humor in the idea that Supreme Court justices are infallible.

Take the Supreme Court case Gilbert v. General Electric involving insurance, Kauffman says. The insurance company in question was sued for sex discrimination because it covered tests and treatment associated with testicular and prostate cancer but did not cover medical costs related to pregnancy. Though such policies might make you think the case occurred in the 1920s, it was actually the late ’70s.

“The Supreme Court said that (the insurance company) did not discriminate against women,” says Kauffman, his voice sounding like he was about to deliver a punch line. Instead the wise court determined that the company was only “was discriminating between pregnant persons and non-pregnant persons.”

Kauffman has taught gender discrimination says, “I just about fell out of my chair,” while reading the decision. “I’m not a big feminist, but that’s just incomprehensible.”

At the time, William Rehnquist, the longtime chief justice, considered among the wisest men in the land.

Can a judge’s experience, background and gender impact decisions? Isn’t that a dumb question? Of course it does. A new face and perspective, along with more judicial experience than anyone in 100 years, will make Sotomayor a great addition to the court, he says.

The longtime attorney for the Mexican American Legal Defense and Educational Fund has taught at Harvard and UC-Berkeley. He has also read a lot about Sotomayor leading up to the confirmation hearings. In all he has read, “No one has been able to lay a glove on her ability to be a highly qualified judge.”